ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Option after wife's ILR

Family member & Ancestry immigration; don't post other immigration categories, please!
Marriage | Unmarried Partners | Fiancé/e | Ancestry

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

ILR for Tier 2 dependant on their own right

Post by dsingh2020 » Sun May 31, 2020 11:18 am

Immigration history:
My wife came to UK under Tier 4 student visa in March 2010. We got married in August 2010. At this time I was also on a Tier 4 visa. In October 2012 my visa application was rejected and I had to go back to India. I came back on Tier 4 visa in May 2013. All this time my wife remained in the UK under Tier 4 visa and then Post Study Work visa. In 2015 she switched to a Tier 4 visa. In 2018, I switched to a Tier 2 visa and and my wife to a Tier 2 dependant visa. We have two kids born in the UK in 2012 and 2016 who are also currently Tier 2 dependants. Our current visas run out at the end of January 2021.

So my question is that is my wife eligible for applying for ILR(Long residence) as she has been in the UK legally for 10 years? Does her being on a dependant visa cause any difficulties/problems?

User avatar
CR001
Moderator
Posts: 86831
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR for Tier 2 dependant on their own right

Post by CR001 » Sun May 31, 2020 11:21 am

So my question is that is my wife eligible for applying for ILR(Long residence) as she has been in the UK legally for 10 years?
Yes if she meets all the requirements.
Does her being on a dependant visa cause any difficulties/problems?
No, why would it??
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Re: ILR for Tier 2 dependant on their own right

Post by dsingh2020 » Sun May 31, 2020 11:24 am

Thanks for your reply. I was asking because I am the main visa holder but I am not eligible for ILR yet. So I was checking if it matters that she applies on her own.

User avatar
CR001
Moderator
Posts: 86831
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR for Tier 2 dependant on their own right

Post by CR001 » Sun May 31, 2020 11:26 am

Long residence ilr has NO concept of dependent. Each person applying must meet the requirement individually and independently, regardless of visas held.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

ILR and children born in UK

Post by dsingh2020 » Sat Jun 06, 2020 6:08 pm

Hi,
My wife is applying for ILR based on 10 years long residence. I am not eligible for ILR yet (I am on a Tier 2 visa for the last 3 years) so she is applying alone. We have two kids born in the UK in 2012 and 2016. Our current visas are valid till jan 2021. Please can someone guide me if my wife's ILR application is successful, then are the children eligible to apply for British citizenship based on them being born in the UK and the mother has a settled status?

User avatar
CR001
Moderator
Posts: 86831
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: ILR and children born in UK

Post by CR001 » Sat Jun 06, 2020 6:11 pm

then are the children eligible to apply for British citizenship based on them being born in the UK and the mother has a settled status?
Yes.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Re: ILR and children born in UK

Post by dsingh2020 » Sat Jun 06, 2020 6:37 pm

Thanks CR001

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Option after wife's ILR

Post by dsingh2020 » Sat Oct 10, 2020 9:54 am

My wife has got ILR recently based on long residence. We have two children born in the UK. We are going to apply for British citizentship for them. Now I am thinking about options for me. I am currently on Tier 2 General visa until end of January 2021. My current work contract ends on 15 January 2021. My employer hasn't decided yet if the contract will be extended so I am looking for a new job now for extending my stay as Tier 2 visa.
Not sure how long it will take to find another job. I am wondering if it is better to apply for FLR(M) instead to satisfy the salary requirement before my current employment contract runs out ? And does it matter that the contract ends soon?

alex132
- thin ice -
Posts: 172
Joined: Tue Nov 08, 2016 12:43 pm

Re: Option after wife's ILR

Post by alex132 » Sat Oct 10, 2020 10:30 am

what is FLR(M)?

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Re: Option after wife's ILR

Post by dsingh2020 » Sat Oct 10, 2020 10:37 am

Further Leave to Remain as a partner or dependant child of a settled person or British citizen

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Option after wife's ILR

Post by secret.simon » Sat Oct 10, 2020 10:49 am

Keep in mind that if you switch to FLR(M), your years on Tier 2 will not count for the purposes of ILR.

You will need five years on FLR(M) before qualifying for ILR.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

alex132
- thin ice -
Posts: 172
Joined: Tue Nov 08, 2016 12:43 pm

Re: Option after wife's ILR

Post by alex132 » Sat Oct 10, 2020 10:51 am

Thanks, what does (M) mean?
FLR = Further Leave to Remain.

AmazonianX
Respected Guru
Posts: 7305
Joined: Tue Jun 11, 2019 1:09 pm

Re: Option after wife's ILR

Post by AmazonianX » Sat Oct 10, 2020 10:54 am

alex132 wrote:
Sat Oct 10, 2020 10:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
Will take the (M) to mean Marriage- for those on spouse route

User avatar
CR001
Moderator
Posts: 86831
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Option after wife's ILR

Post by CR001 » Sat Oct 10, 2020 10:54 am

alex132 wrote:
Sat Oct 10, 2020 10:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
Why are you posting on a topic in the NON PBS family migration forum about a visa that has absolutely nothing to do with your newly granted tier 2 general visa???
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Re: Option after wife's ILR

Post by dsingh2020 » Sat Oct 10, 2020 10:55 am

alex132 wrote:
Sat Oct 10, 2020 10:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
I think it means Marriage.

User avatar
CR001
Moderator
Posts: 86831
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Option after wife's ILR

Post by CR001 » Sat Oct 10, 2020 10:55 am

dsingh2020 wrote:
Sat Oct 10, 2020 10:55 am
alex132 wrote:
Sat Oct 10, 2020 10:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
I think it means Marriage.
It doesn't as the same form is relevent to unmarried partners.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Option after wife's ILR

Post by secret.simon » Sat Oct 10, 2020 10:57 am

alex132 wrote:
Sat Oct 10, 2020 10:51 am
Thanks, what does (M) mean?
FLR = Further Leave to Remain.
Possibly "Matrimonial"?

EDIT: Overtaken by AmazonianX and CR001.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Re: Option after wife's ILR

Post by dsingh2020 » Sat Oct 10, 2020 10:58 am

secret.simon wrote:
Sat Oct 10, 2020 10:49 am
Keep in mind that if you switch to FLR(M), your years on Tier 2 will not count for the purposes of ILR.

You will need five years on FLR(M) before qualifying for ILR.
I will complete my 10 years in 2.5 years. Am I still able to get ILR based on long residence?

User avatar
CR001
Moderator
Posts: 86831
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Option after wife's ILR

Post by CR001 » Sat Oct 10, 2020 10:58 am

dsingh2020 wrote:
Sat Oct 10, 2020 10:58 am
secret.simon wrote:
Sat Oct 10, 2020 10:49 am
Keep in mind that if you switch to FLR(M), your years on Tier 2 will not count for the purposes of ILR.

You will need five years on FLR(M) before qualifying for ILR.
I will complete my 10 years in 2.5 years. Am I still able to get ILR based on long residence?
All visas count for ilr based on residence, provided you meet all the long residence ILR requirements.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Re: Option after wife's ILR

Post by dsingh2020 » Sat Oct 10, 2020 11:10 am

Thanks for the clarification CR001.

My wife is unemployed so I am relying on only my salary to satify the financial requirement. My current job contract ends on 15 January 2021. Do they take this into consideration when checking the financial requirement?

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Option after wife's ILR

Post by secret.simon » Sat Oct 10, 2020 11:49 am

dsingh2020 wrote:
Sat Oct 10, 2020 10:58 am
I will complete my 10 years in 2.5 years. Am I still able to get ILR based on long residence?
Assuming your other absences are in control and you meet other requirements, you may be able to apply based on Long Residence on or after May 2023.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Option after wife's ILR

Post by vinny » Sat Oct 10, 2020 4:15 pm

dsingh2020 wrote:
Sat Oct 10, 2020 11:10 am
Thanks for the clarification CR001.

My wife is unemployed so I am relying on only my salary to satify the financial requirement. My current job contract ends on 15 January 2021. Do they take this into consideration when checking the financial requirement?
1
(c) The employment or self employment income of an applicant will be taken into account if they are in the UK, aged 18 years or over and working legally, and prospective employment income will not be taken into account (except that of an applicant’s partner or parent’s partner who is returning to employment or self-employment in the UK at paragraphs E-ECP.3.2.(a) and E-ECC.2.2.(a) of Appendix FM, or where paragraph 21A of this Appendix so permits).
and working legally” is in the present tense and implies must be working.

They will consider your salary if you are employed on the date of the application and possibly also on the date of the decision.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Re: Option after wife's ILR

Post by dsingh2020 » Sat Oct 10, 2020 9:57 pm

Thanks secret.simon and vinny for your advice.

dsingh2020
Newly Registered
Posts: 28
Joined: Sun May 31, 2020 11:02 am
India

Wife's ILR remark

Post by dsingh2020 » Fri Oct 16, 2020 1:31 pm

My wife applied for ILR based on 10 years long residence. She was on a PBS depedant visa before. We have received the BRP card today.

On the card, under remarks it says "indefinite leave to remain outside rules".

1. Has anyone else had similar remark? I mean "outside rules" part.

2. Does this affect any family members applications? Kids are applying for british citizenship because they were born in the UK. I am applying for FLR(M)

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

Re: Option after wife's ILR

Post by vinny » Fri Oct 16, 2020 1:54 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Locked
cron